업무상배임
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (misunderstanding of the legal principle) is that Defendant A, a subcontractor, was not simply liable for the payment of the construction cost, but is in the position of “a person who administers another’s business,” who is the subject of the crime of breach of trust, since Defendant A had a duty to recover the victims’ claims by delegation of all the administrative affairs to normalize the construction site and secure claims.
may be seen.
Nevertheless, the court below did not constitute this.
The judgment of the court below is erroneous in the misapprehension of legal principles as to the subject of breach of trust.
2. Determination
A. The lower court found the Defendant not guilty of the instant facts charged for the following reasons.
1) As indicated in the facts charged, the core of the instant prosecution lies in the fact that Defendant A and C conspired with Defendant B and C to transfer ownership in order to secure the victims’ obligation to pay subcontract construction cost, etc., and that Defendant B transferred ownership in the future without transferring ownership to the victims.
However, in light of the agreement that Defendant A entered into with the victims regarding the transfer of ownership of the E apartment unit, the agreement that Defendant A entered into with the victims regarding the transfer of ownership of the E apartment unit constitutes a promise for the transfer of ownership of the real estate in the future in order to secure the payment of the subcontract price that the victims incurred in the future, in light of the content of the contract for the transfer of ownership at the time, the degree of the execution of the construction of this case, the legal status of Defendant A, the content of the confirmation document prepared on August 207
Thus, the obligation of Defendant A to complete the registration of the transfer of ownership of the E apartment unit to the victims according to the promise to repay the substitute unit is merely a civil obligation and is a third party's business.